TERMS OF USE
The Contractual Relationship
These Terms of Use (“Terms”) govern your access and/or use of any information, functions, or services for the purposes of viewing and/or purchasing products (the “Services"), made available on our Website www.theaquabud.com (the “Website”), whether as a guest or registered user. The access and usage of the Services and the Website have been made available by and through Ryan Christopher McLeod, sole creator of “AquaBud” (collectively, “our”, “us” or “we”), a under the laws of Singapore.
Kindly carefully read the Terms herein before proceeding to access and/or use the Services and/or the Website.
Your access and use of the Services and/or the Website constitute your agreement to be bound by the Terms, which stands as a contractual relationship between you and AquaBud.
If you do not agree to these Terms, you should not access or use the Services and/or the Website. The Terms herein do hereby expressly supersede any prior agreements or arrangements with you. AquaBud reserves all rights to immediately terminate these Terms and/or your access and/or usage of any of the Services and/or the Website, including those available to you as being a guest or a registered user of the Services and/or the Website, or generally cease its offering or deny access to the Services and/or the Website at any time for any reason, with due notice provided.
AquaBud reserves the right to offer you, at any time, such supplemental terms as may be necessary and/or apply to certain Services and/or the Website, and such supplemental terms will be disclosed to you in connection with the applicable Services and/or the Website. Supplemental terms are an addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services and/or the Website.
AquaBud reserves all rights to amend the Terms related to the Services and/or the Website from time to time, with such due notice provided. Such amended Terms will be effective upon the posting of the updated Terms. Your continued access and/or use of the Services and/or the Website, after such posting occurs, constitutes your consent to be by bound the updated Terms as amended.
You must consent to our collection and use of personal information or personal data, in connection with the Services and/or the Website, as described in the Privacy Policy Notice set out at www.theaquabud.com/privacy.
The Services contained in the Website
The Website is the main platform (other than any other applications which may be subsequently used or created to facilitate access to the Services at such other time).
All data and information contained about and/or related to the Services on the Website shall not give rise to any commitment and/or obligation which is not specifically stipulated in the Terms herein.
Any materials posted about the Services through the Website are at no material time to be construed or considered as advice on which reliance should be placed.
The Services contained in the Website involve the sale of AquaBud Water Drinking Base Kit (the “Item”) provided by the AquaBud, which includes:
Formation of Contract
The details of the Item contained in the Website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any Item shall exist between you and AquaBud until the Item are shipped to your address.
To submit an Order, you will be required to follow the online shopping process on the Website. After this you will receive an Order Confirmation via email[AK|DL1] , which will act as an acknowledgement of your Order. An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you. A Contract will relate only to those Item(s), which we deliver to you. If your Order consists of more than one Item, the Items may be delivered to you in separate packages at separate times.
Description of the Item on the Website
All Item descriptions, information and materials posted on the Website are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising. You should also be aware that the colour and appearance of the Item image as displayed on your computer monitor or any other display might differ from the actual colour and appearance of the Item. You must take into consideration that you are purchasing the Item at your own risk. AquaBud is not responsible for any physical or health damage to you as the buyer.
Ordering Item(s)
Once you have placed your order, AquaBud will send you an order confirmation via e-mail that AquaBud have received your order and does not constitute acceptance of your order.
You may place an Order as a guest or you may register with us by creating an Account on the Website. You must only submit information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Website. You shall not misuse the Website by creating multiple user accounts.
Refusal of Order
AquaBud reserves the right to withdraw any Item from this Website at any time and/or remove or edit any materials or content on this Website. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. However, if we cancel your Order and you have already made payment for your Order, AquaBud will notify you via e-mail and the payment amounts will be fully refunded to you via bank transfer within 24 hours from when the bank account details are provided by you. AquaBud will not be liable to you or any other third party for withdrawing any Item from the Website, whether it has been sold or not, or for removing or editing any materials or contents on the Website or for refusing to process or accept an Order.
Delivery
AquaBud may use Singapore Post or Fedex and/or any other logistic company or delivery service to deliver the Item(s) to you;
Returns
You must inform the AquaBud team within seven (7) calendar days after delivery ONLY if the Item(s) is/are incorrect or damaged in the following manner:
All Orders must meet the following conditions in order to be eligible for return:
License
Subject to your compliance with the Terms, AquaBud grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
Restrictions
You may not use the Services and/or the Website for any purpose(s) which may:
You may not remove any copyright, trademark and/or any other IP Rights, or other proprietary notices from any portion of the Services and/or the Website in the following manner:
In addition, you agree that the entire risk arising out of your use of the Services remains solely with you, to the full extent permitted under the laws of Singapore.
AquaBud shall not be responsible and/or liable if the Services and/or the Website is unavailable for any time or for any period.
On occasion, AquaBud may need to carry out routine repairs, maintenance or introduce new facilities and functions to the Services and/or the Website. You shall be notified of such occasions and are requested to bear with any downtime until the completion of such routine activities.
At any material time, AquaBud reserves all rights to make changes and/or updates as it deems fit without any further consent from and/or notice to you.
Third Party Services and Content
The Services and/or the Website may be made available or accessed in connection with third party services and content (including advertising) that AquaBud does not control. Accordingly, you acknowledge that different terms of use and privacy policies may apply to your access and/or use of such third party services and content. Unless expressly agreed or stated otherwise, AquaBud does not endorse nor control such third party services and content and in no event shall AquaBud be responsible or liable for any Item(s) or services of such third parties.
Ownership
The Services and/or the Website and all rights therein are and shall remain the property of AquaBud and/or its licensors. Neither the Terms nor your use of the Services and/or the Website convey or grant you any rights:
To access and/or use most aspects of the Services and/or the Website, you would need to become a registered member and maintain an active Services account (the “Account”). Account Registration requires you to submit to AquaBud certain personal information such as your name, identification details (such as NRIC and/or passport), contact details and email address, as well as any other information which may be necessary.
Upon registration of an Account with the Website, you are required to create a username and a password. The password must remain confidential. The only occasion on which you shall be asked for your password is part of the login process into the Website. Should there be any unauthorised access or usage of your password or the Account or your email address, or any other such breach of security known to you.
You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services and/or the Website or AquaBud’s termination of the Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account, username and password at all times.
By submitting your personal information to register an Account, you acknowledge your agreement and acceptance of the Privacy Policy and thereby expressly consent to authorising us to process your personal data for such purposes as set out in the Privacy Policy Notice: www.theaquabud.com/privacy.
All information relating to the Services will be available, accessible and retrievable upon logging in to your Account. This includes information relating to completed, open or recently made orders. You will also have the opportunity to manage and save contact details and address information.
During registration and upon accessing your Account, there shall be There is always the option to unsubscribe from such information emails at any time by opting out in the Account settings.
AquaBud reserves all rights to close your Account and cease permitted access and/or usage of the Website and/or the Services if any disruptive activity on the Website or related and/or connected to the Services is detected, including but not limited to wrongful or fraudulent registration of an Account using another’s email address or mobile number, without their consent or permission.
Guest Access
Your access to the Services and/or the Website as a guest shall be limited, insofar as you are able to browse and peruse the Services available and glimpse into the functionality of the Website, but having no permission rights to utilise the Services, without first signing up as a registered member and maintaining an Account.
Notwithstanding your limited access to the Services and/or Website, AquaBud shall hold you responsible and/or liable to adhere to all the applicable terms and conditions herein contained in your browsing and perusing of the Services and glimpse into the functionality of the Website, and any breach thereof shall hold you responsible and/or liable in the same manner and category as if you were a registered member maintaining an account.
Limitation of Liability and Indemnity
Limitation of Liability
AquaBud shall not be liable for any direct or indirect, incidental, general, special or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if the possibility of such damages have already been advised. AquaBud shall not be liable for any damages, liability or losses arising out of:
Our total liability, if any, to any party concerned, including but not limited to you, shall in no circumstances exceed the sum of the purchase price of the Item(s), as stated within the receipt/order confirmation we email to you.
Indemnity
You agree to indemnify and hold AquaBud and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities and expenses (including legal costs and fees) arising out or in connection with:
Intellectual Property
IP Rights
For the purpose of the Terms herein and/or the Privacy Policy Notice, IP Rights shall include a non-exhaustive list of, amongst others, copyrights, trademarks, patents, designs, methods, know-hows and processes (the “IP Rights”).
AquaBud and/or its licensors are the sole owners of all IP Rights (whether jointly or severally) contained and/or related to and/or connected with the Website and all content and material contained therein. All works, content and materials on the Website are protected by international copyright laws and treaties. All such rights are hereby expressly and impliedly reserved.
No content or material contained on the Website is to be used for any commercial purpose and/or public circulation without the express permission of AquaBud and/or its licensors.
Should there be infringement of any of the rights owned by AquaBud and/or its’ licensors, all action shall be taken to the full extent permitted by law to seek redress and relief for such infringement.
Any disputes with regard to infringement of any solely / exclusively owned IP Rights of AquaBud shall be settled by way of the dispute resolution mechanism as set out in the Terms herein below.
In the event of any dispute related to the infringement of any IP Rights owned by AquaBud, any suspected, purported or alleged infringer, whether it be client or otherwise, shall have his / her Account suspended or frozen henceforth, without any further notice to the infringer, until such a time that the dispute can be resolved by way of amicable resolution and/or through the dispute resolution process as set out in the Terms herein below.
Trademarked Brand Names
The “AquaBud” names and logos and all related names, design marks and slogans are the trademarks of AquaBud or its licensors.
Governing Law and Jurisdiction
Although this Website may be accessed from all countries around the world where the local technology permits, you agree that the Terms and your use of the Website and/or the Services (an all non-contractual relationships arising out of or connected to them) shall be governed and construed in accordance with the prevailing laws of Singapore, without regard to the conflict of laws principles thereof.
You accept and agree that any disputes which may arise out of or which may be related to or in connection with the Services and/or the Website and/or the Terms shall fall under the exclusive jurisdiction of the courts of Singapore, for the settlement of such disputes.
General provisions
Notice
AquaBud may give notice, by means of general notice, on the Services and/or the Website and/or the Terms herein contained, electronic mail to your email address as registered in the Account or by written communication sent to your address as contained in the registered Account.
Severability
If at any material time, during the subsistence of the Terms, there are changes to laws, regulations, by-laws or otherwise, which may render any of the Terms illegal, invalid or otherwise unenforceable in any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in force and effect and continue to be binding on all parties herein concerned.
These Terms of Use (“Terms”) govern your access and/or use of any information, functions, or services for the purposes of viewing and/or purchasing products (the “Services"), made available on our Website www.theaquabud.com (the “Website”), whether as a guest or registered user. The access and usage of the Services and the Website have been made available by and through Ryan Christopher McLeod, sole creator of “AquaBud” (collectively, “our”, “us” or “we”), a under the laws of Singapore.
Kindly carefully read the Terms herein before proceeding to access and/or use the Services and/or the Website.
Your access and use of the Services and/or the Website constitute your agreement to be bound by the Terms, which stands as a contractual relationship between you and AquaBud.
If you do not agree to these Terms, you should not access or use the Services and/or the Website. The Terms herein do hereby expressly supersede any prior agreements or arrangements with you. AquaBud reserves all rights to immediately terminate these Terms and/or your access and/or usage of any of the Services and/or the Website, including those available to you as being a guest or a registered user of the Services and/or the Website, or generally cease its offering or deny access to the Services and/or the Website at any time for any reason, with due notice provided.
AquaBud reserves the right to offer you, at any time, such supplemental terms as may be necessary and/or apply to certain Services and/or the Website, and such supplemental terms will be disclosed to you in connection with the applicable Services and/or the Website. Supplemental terms are an addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services and/or the Website.
AquaBud reserves all rights to amend the Terms related to the Services and/or the Website from time to time, with such due notice provided. Such amended Terms will be effective upon the posting of the updated Terms. Your continued access and/or use of the Services and/or the Website, after such posting occurs, constitutes your consent to be by bound the updated Terms as amended.
You must consent to our collection and use of personal information or personal data, in connection with the Services and/or the Website, as described in the Privacy Policy Notice set out at www.theaquabud.com/privacy.
The Services contained in the Website
The Website is the main platform (other than any other applications which may be subsequently used or created to facilitate access to the Services at such other time).
All data and information contained about and/or related to the Services on the Website shall not give rise to any commitment and/or obligation which is not specifically stipulated in the Terms herein.
Any materials posted about the Services through the Website are at no material time to be construed or considered as advice on which reliance should be placed.
The Services contained in the Website involve the sale of AquaBud Water Drinking Base Kit (the “Item”) provided by the AquaBud, which includes:
- the original AquaBud bottle seal;
- drinking straw silicone food grade tubing; and
- silicone food grade drinking straw tip.
- lapel clip
- velcro sticky pad
Formation of Contract
The details of the Item contained in the Website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any Item shall exist between you and AquaBud until the Item are shipped to your address.
To submit an Order, you will be required to follow the online shopping process on the Website. After this you will receive an Order Confirmation via email[AK|DL1] , which will act as an acknowledgement of your Order. An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you. A Contract will relate only to those Item(s), which we deliver to you. If your Order consists of more than one Item, the Items may be delivered to you in separate packages at separate times.
Description of the Item on the Website
All Item descriptions, information and materials posted on the Website are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising. You should also be aware that the colour and appearance of the Item image as displayed on your computer monitor or any other display might differ from the actual colour and appearance of the Item. You must take into consideration that you are purchasing the Item at your own risk. AquaBud is not responsible for any physical or health damage to you as the buyer.
Ordering Item(s)
Once you have placed your order, AquaBud will send you an order confirmation via e-mail that AquaBud have received your order and does not constitute acceptance of your order.
You may place an Order as a guest or you may register with us by creating an Account on the Website. You must only submit information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Website. You shall not misuse the Website by creating multiple user accounts.
- Prices and Payment
- All prices provided on the Website are in Singapore Dollar;
- We accept payments in Singapore Dollar only by credit card or debit card via Stripe. We may accept other forms of payment from time to time, which will be clearly indicated on our Website;
- AquaBud will insure the Item via Singapore Post or Fedex prior to postage until the Item is delivered. AquaBud aims to dispatch Item within 48 hours of receiving the order (if accepted). Our office hours for shipping are from 12pm to 12am Monday to Friday (SGT). Please note that estimated delivery times are to be used as a guide only and commence from the date of dispatch. AquaBud will not be responsible for any delays caused by destination customs clearance process;
- If there are custom duties and/or any taxes to be paid for the order, you agree to bear all cost(s) and will pay the cost(s) directly to the Customs;
- For payment of Item on the Website, you confirm that the credit or debit card that is being used is yours or that you have been specifically authorised by the owner of the credit or debit card to use it. All credit or debit cardholders are subject to validation checks and authorisation by the card issuer. We accept no responsibility if your card issuer refuses payment authorisation and we shall not be liable for any resulting delay or non-delivery;
- Whilst we make best efforts to ensure that all details, descriptions and prices, which appear on this Website, are accurate, there may be instances where errors may occur. If we discover an error in the price of any Item(s), which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled;
- Where applicable, prices are inclusive of any applicable taxes where required by Singaporean law and are in Singapore Dollar. Delivery or shipping costs will be charged in addition where applicable and will be calculated based on weight of the Item(s) and postcode of the place of delivery provided by you;
- Once the Order is placed, our chosen payment gateway will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If the required authorisation is not received, we will not be liable for any delay or non-delivery; and
- Upon authorisation of the payment, by clicking the “Submit Order” button you are confirming that the card belongs to you and have sufficient funds or credit facilities to cover the cost of the Item(s)
Refusal of Order
AquaBud reserves the right to withdraw any Item from this Website at any time and/or remove or edit any materials or content on this Website. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. However, if we cancel your Order and you have already made payment for your Order, AquaBud will notify you via e-mail and the payment amounts will be fully refunded to you via bank transfer within 24 hours from when the bank account details are provided by you. AquaBud will not be liable to you or any other third party for withdrawing any Item from the Website, whether it has been sold or not, or for removing or editing any materials or contents on the Website or for refusing to process or accept an Order.
Delivery
AquaBud may use Singapore Post or Fedex and/or any other logistic company or delivery service to deliver the Item(s) to you;
- AquaBud aims to deliver the Item(s) to you at the place of delivery requested by you in your Order and an e-mail containing the Singapore Post or Fedex tracking number will be sent to you for your reference;
- We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
- Upon delivery of the Item(s), you may be required to sign for delivery. You may contact AquaBud Customer Service at theaquabud@gmail.com in the event of any faults, defects or damage;
- The Item(s) may be packaged in AquaBud’s standard packaging. The Item(s) shall be delivered using the Singapore Post or Fedex and/or any other logistic company and/or delivery service packaging;
- All risk in the Item shall pass to you upon delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the Item(s). Any breach of obligations by you, might impact your ability to shop on AquaBud in the future
- If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Item(s) to you) accept delivery, we may (without affecting any other right or remedy available to us) do either or both of the following:
- Charge you for any fee and other costs reasonably incurred by us; or
- No longer make the Item(s) available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Item(s), and any storage fees as provided. You acknowledge that the Item(s) are standard and not made bespoke to fit any particular requirements that you may have.
Returns
You must inform the AquaBud team within seven (7) calendar days after delivery ONLY if the Item(s) is/are incorrect or damaged in the following manner:
- The item is not the item that you ordered. Model, size, or color is different from what is indicated on the order summary, or there are missing items or parts inside the packaging.
- The item is found already damaged at time of delivery.
All Orders must meet the following conditions in order to be eligible for return:
- AquaBud team must receive the return item no later than thirty (30) calendar days after delivery.
- Item must be in new condition and returned in the original packaging along with all accessories including manuals, boxes, cards, pouches) and free gifts received with it. All packaging must be unopened, unused, unmarked and not defaced in any manner. Item must not have been used.
- Item purchased as part of a set or multi-item pack must be returned as a whole set.
- If the Order is eligible for return as described above, the Customer will be eligible for an exchange. However, if there is no stock available to exchange the Item, only then will AquaBud refund the payment amount for the Item to you via bank transfer to the bank account details as provided by you.
- Upon receipt of the Item, we will examine it and we will advise you on the status of the replacement or refund (if any) via email or phone call as soon as practicable.
- AquaBud may at its discretion refuse to process a replacement/exchange order however may offer a refund as a substitute remedy.
- In the event the Item returned is not faulty, we may at our discretion decide not to repair, replace or refund you for the Item and/or we may require you to pay all reasonable delivery or shipping costs and servicing costs at our current standard fees and costs, which you will be required to make to us, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
License
Subject to your compliance with the Terms, AquaBud grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
- access and use of the Services and the Website on your personal device solely in connection with your use of the Services and/or the Website; and
- access and use of any content, information and related materials that may be made available through the Services and/or the Website, in each case solely for your personal, non-commercial use, subject at all material times to permissions granted by AquaBud and/or its licensors. Any rights not expressly granted herein are expressly reserved by AquaBud and/or and of its affiliated or related licensors.
Restrictions
You may not use the Services and/or the Website for any purpose(s) which may:
- breach any law, statute, rule, regulation or by-law of Singapore or any other applicable jurisdiction;
- be fraudulent, criminal or unlawful in any way;
- be inaccurate or out-of-date; and
- may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, defamatory or untrue;
- intentionally, knowingly or unknowingly impersonate any other person or body or misrepresent a relationship with any person or body;
- be contrary to any specific rule or requirement that is stipulated on the Services and/or the Website (whether it be in relation to a particular part or in general); and
- involve your use, delivery or transmission of any viruses, unsolicited emails, ‘trojan horses’ or any computer programming routines that are intended and/or for the purpose of damaging, detrimentally interfering with, surreptitiously intercepting, or expropriate any system, data or personal information.
You may not remove any copyright, trademark and/or any other IP Rights, or other proprietary notices from any portion of the Services and/or the Website in the following manner:
- reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any of the Services and/or the Website except as expressly permitted by AquaBud;
- link to, mirror or frame any portion of the Services and/or the Website, without express permission by AquaBud;
- cause to be launched or launch any programs or scripts for the purpose of indexing, surveying or otherwise data mining any portion of the Services and/or the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Services and/or the Website; and/or
- attempt to gain unauthorised access to or impair any aspect of the Services and/or the Website and/or its related systems or networks.
In addition, you agree that the entire risk arising out of your use of the Services remains solely with you, to the full extent permitted under the laws of Singapore.
- Access to the Services and the Website
- Access
AquaBud shall not be responsible and/or liable if the Services and/or the Website is unavailable for any time or for any period.
On occasion, AquaBud may need to carry out routine repairs, maintenance or introduce new facilities and functions to the Services and/or the Website. You shall be notified of such occasions and are requested to bear with any downtime until the completion of such routine activities.
At any material time, AquaBud reserves all rights to make changes and/or updates as it deems fit without any further consent from and/or notice to you.
Third Party Services and Content
The Services and/or the Website may be made available or accessed in connection with third party services and content (including advertising) that AquaBud does not control. Accordingly, you acknowledge that different terms of use and privacy policies may apply to your access and/or use of such third party services and content. Unless expressly agreed or stated otherwise, AquaBud does not endorse nor control such third party services and content and in no event shall AquaBud be responsible or liable for any Item(s) or services of such third parties.
Ownership
The Services and/or the Website and all rights therein are and shall remain the property of AquaBud and/or its licensors. Neither the Terms nor your use of the Services and/or the Website convey or grant you any rights:
- in or related to the Services and/or the Website except for the limited license granted above; or
- to use or reference in any manner www.theaquabud.com and/or AquaBud’s sole creator's names, logos, products and service names, trademarks or service marks of those, or those of AquaBud’s licensors.
- Your Access and Use of the Services and the Website
- Registered Member Accounts
To access and/or use most aspects of the Services and/or the Website, you would need to become a registered member and maintain an active Services account (the “Account”). Account Registration requires you to submit to AquaBud certain personal information such as your name, identification details (such as NRIC and/or passport), contact details and email address, as well as any other information which may be necessary.
Upon registration of an Account with the Website, you are required to create a username and a password. The password must remain confidential. The only occasion on which you shall be asked for your password is part of the login process into the Website. Should there be any unauthorised access or usage of your password or the Account or your email address, or any other such breach of security known to you.
You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services and/or the Website or AquaBud’s termination of the Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account, username and password at all times.
By submitting your personal information to register an Account, you acknowledge your agreement and acceptance of the Privacy Policy and thereby expressly consent to authorising us to process your personal data for such purposes as set out in the Privacy Policy Notice: www.theaquabud.com/privacy.
All information relating to the Services will be available, accessible and retrievable upon logging in to your Account. This includes information relating to completed, open or recently made orders. You will also have the opportunity to manage and save contact details and address information.
During registration and upon accessing your Account, there shall be There is always the option to unsubscribe from such information emails at any time by opting out in the Account settings.
AquaBud reserves all rights to close your Account and cease permitted access and/or usage of the Website and/or the Services if any disruptive activity on the Website or related and/or connected to the Services is detected, including but not limited to wrongful or fraudulent registration of an Account using another’s email address or mobile number, without their consent or permission.
Guest Access
Your access to the Services and/or the Website as a guest shall be limited, insofar as you are able to browse and peruse the Services available and glimpse into the functionality of the Website, but having no permission rights to utilise the Services, without first signing up as a registered member and maintaining an Account.
Notwithstanding your limited access to the Services and/or Website, AquaBud shall hold you responsible and/or liable to adhere to all the applicable terms and conditions herein contained in your browsing and perusing of the Services and glimpse into the functionality of the Website, and any breach thereof shall hold you responsible and/or liable in the same manner and category as if you were a registered member maintaining an account.
- Warranties and Guarantees
- AquaBud makes the following warranties and guarantees:
- to make best efforts and endeavours to ensure that the Services and/or the Website are error-free, containing accurate, complete and up-to-date information and/or data to facilitate your ease of use of the same;
- to make best efforts and endeavours to make the Services and/or the Website available 24 hours a day, 7 days a week;
- upon conducting any routine repairs, maintenance of upgrades, that it shall make best efforts and endeavours to resume regular or normal activity of the Services and/or the Website at the soonest time possible;
- AquaBud does not warrant and/or guarantee and/or waive disclaimers as follows:
- none of the Terms herein contained are intended to be construed as a warranty and/or a guarantee of uninterrupted, timely or error-free access to the Services and/or the Website.
- that the Website will be compatible with all hardware and software which you may use;
- to take any ownership of responsibility and/or liability for any viruses, unsolicited emails, ‘trojan horses’ or any computer programming routines that are intended and/or for the purpose of damaging, detrimentally interfering with, surreptitiously intercepting, or expropriate any system, data or personal information, which may directly or indirectly affect any computer equipment, software, data or other property as a result of your access and/or use of the Services and/or Website;
- to take any ownership of responsibility and/or liability for the actions of third parties;
- to take any ownership of responsibility and/or liability arising from any reliance placed on materials made available about and/or on the Services and/or the Website by any guest, registered member, professional or client, or by any other person who may be informed of the contents of said materials;
- no representations, warranties or guarantees are made regarding the reliability, timeliness, quality, suitability or availability of the Services, or that the Services will be uninterrupted or error-free;
- on the quality, suitability, safety or ability of the third-party Item(s);
Limitation of Liability and Indemnity
Limitation of Liability
AquaBud shall not be liable for any direct or indirect, incidental, general, special or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if the possibility of such damages have already been advised. AquaBud shall not be liable for any damages, liability or losses arising out of:
- your use or reliance on the Services or your inability to access or use the Services; or
- delay or failure in performance resulting from causes beyond the control of AquaBud.
Our total liability, if any, to any party concerned, including but not limited to you, shall in no circumstances exceed the sum of the purchase price of the Item(s), as stated within the receipt/order confirmation we email to you.
Indemnity
You agree to indemnify and hold AquaBud and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities and expenses (including legal costs and fees) arising out or in connection with:
- your use of the Services;
- your breach or violation of any of the Terms herein contained; or
- your violation of the rights of any third party.
Intellectual Property
IP Rights
For the purpose of the Terms herein and/or the Privacy Policy Notice, IP Rights shall include a non-exhaustive list of, amongst others, copyrights, trademarks, patents, designs, methods, know-hows and processes (the “IP Rights”).
AquaBud and/or its licensors are the sole owners of all IP Rights (whether jointly or severally) contained and/or related to and/or connected with the Website and all content and material contained therein. All works, content and materials on the Website are protected by international copyright laws and treaties. All such rights are hereby expressly and impliedly reserved.
No content or material contained on the Website is to be used for any commercial purpose and/or public circulation without the express permission of AquaBud and/or its licensors.
Should there be infringement of any of the rights owned by AquaBud and/or its’ licensors, all action shall be taken to the full extent permitted by law to seek redress and relief for such infringement.
Any disputes with regard to infringement of any solely / exclusively owned IP Rights of AquaBud shall be settled by way of the dispute resolution mechanism as set out in the Terms herein below.
In the event of any dispute related to the infringement of any IP Rights owned by AquaBud, any suspected, purported or alleged infringer, whether it be client or otherwise, shall have his / her Account suspended or frozen henceforth, without any further notice to the infringer, until such a time that the dispute can be resolved by way of amicable resolution and/or through the dispute resolution process as set out in the Terms herein below.
Trademarked Brand Names
The “AquaBud” names and logos and all related names, design marks and slogans are the trademarks of AquaBud or its licensors.
Governing Law and Jurisdiction
Although this Website may be accessed from all countries around the world where the local technology permits, you agree that the Terms and your use of the Website and/or the Services (an all non-contractual relationships arising out of or connected to them) shall be governed and construed in accordance with the prevailing laws of Singapore, without regard to the conflict of laws principles thereof.
You accept and agree that any disputes which may arise out of or which may be related to or in connection with the Services and/or the Website and/or the Terms shall fall under the exclusive jurisdiction of the courts of Singapore, for the settlement of such disputes.
General provisions
Notice
AquaBud may give notice, by means of general notice, on the Services and/or the Website and/or the Terms herein contained, electronic mail to your email address as registered in the Account or by written communication sent to your address as contained in the registered Account.
Severability
If at any material time, during the subsistence of the Terms, there are changes to laws, regulations, by-laws or otherwise, which may render any of the Terms illegal, invalid or otherwise unenforceable in any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in force and effect and continue to be binding on all parties herein concerned.